Employers in Massachusetts are banned from discriminating against employees on the basis of gender under the Civil Rights Act of 1963 and the Equal Pay Act. Therefore, gender may not be the basis for any employer decisions regarding pay, hiring policies, or promotion criteria. They must also make sure that working environments will not be hostile towards a specific gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination can be proven under the Equal Pay act if both men and women do the same type of work for the same employer but are still paid in different amounts. Also, discrimination can be proven if the employer in Westfield is only hiring or issuing promotions based on one gender. A claim will also prevail if the employer retaliates against workers who seek relief for discrimination.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in Westfield may be held liable for the sexual harassment, even when it was a co-worker who directly engaged in the conduct.
If the employer permits conduct to create an overly sexual work environment, they may be held liable for sexual harassment in Massachusetts. It can be challenging to prove gender discrimination without first obtaining a lawyer, since specifics such as proving intent can often be complicated. There might also be procedures that must be followed in detail when one pursues a claim.